California Secretary of State - Elections Division

Legislature. Participation in Public Employees' Retirement System. Legislative Constitutional Amendment.
An act to amend Section 4.5 of Article IV, relating to the Legislature.

Legislative Initiative Amendment (Top of Page)
Proposition 34 - SB 1223 (Chapter 102, 2000). Burton.

Campaign Contributions and Spending. Limits. Disclosure. Legislative Initiative Amendment.
An act to amend sections of the Government Code relating to the Political Reform Act of 1974 and calling a special election to be consolidated with the general election of November 7, 2000.

Initiative Statute (Top of Page)
Proposition 35 - 830. (SA99RF0002).

Public Works Projects. Use of Private Contractors for Engineering and Architectural Services. Initiative Constitutional Amendment and Statute.
Proponent: James P. Corn (916) 447-0700
Overrides constitutional restrictions to allow state, local contracting with private entities for engineering and architectural services in all phases of public works projects; exempts such services from constitutional requirement to use civil service workforce. Requires competitive selection process for awarding contracts. Mandates compliance with rules regarding conflicts of interest, political contributions, unlawful activities. Subjects contracts for engineering and architectural services to standard accounting practices, with financial and performance audits where necessary. Requires two-thirds vote of each house for legislative amendments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in an unknown impact on state contracting costs for architectural and engineering services, depending on future state decisions regarding the amount of work to be performed under contracts with private firms and their costs relative to civil service costs.

Initiative Statute (Top of Page)
Proposition 36 - 865. (SA99RF0040).

Drugs. Probation and Treatment Program. Initiative Statute.
Proponent: Cliff Gardner
For further information, contact Dave Fratello at the Campaign for New Drug Policies, (310) 394-2952 or see the website at http://www.drugreform.org
Requires drug treatment program and probation for certain non-violent drug possession offenses and similar parole violations not including sale, production or manufacture. Permits court to impose additional conditions of probation but not incarceration. Specifies procedures for determining probation or parole violation and consequences. Authorizes dismissal of charges upon successful completion of treatment but requires disclosure of arrest and conviction to law enforcement and as necessary for candidates, peace officers, licensure, contracting with State Lottery, jury service. Requires studies of this measure's effectiveness. Appropriates state funds for drug treatment program through 2005-2006. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure is likely to result in net savings to the state that probably range between $100 million and $150 million annually for lower costs for prison operations with a one-time avoidance of capital outlay costs of between $475 million and $575 million for prison construction. Counties would probably experience net savings of $50 million annually due primarily to a lower jail population.

Initiative Statute (Top of Page)
Proposition 37 - 874. (SA99RF0060).

Fees. Vote Requirements. Taxes. Initiative Constitutional Amendment.
Proponents: Larry McCarthy, Fred L. Main, and Gavin McHugh c/o Nielsen, Merksamer, Parrinello, Mueller & Naylor LLP (916) 446-6752
Redefines as taxes any compulsory fees enacted by state or local government after July 1, 1999 to monitor, study or mitigate societal or economic effects of activity where such fees impose no regulatory obligation on the payor. Requires two-thirds vote of Legislature to approve such state fees; majority or two-thirds vote of local electorate for local fees. Excludes certain real property related fees and assessments, regulatory fees not exceeding cost of regulation, monies recoverable as damages, remedial expenses, penalties, and increases due to inflation or increased workload as specified. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially significant, reduction in future state and local fee revenues as a result of classifying more governmental revenues as taxes.

Initiative Statute (Top of Page)
Proposition 38 - 866. (SA99RF0045).

School Vouchers. State-Funded Private and Religious Education. Public School Funding. Initiative Constitutional Amendment.
Proponent: Timothy C. Draper 1-800-653-9926
Authorizes annual state payments of at least $4000 per pupil for qualifying private and religious schools as grants for new enrollees. Expands eligibility in phases; by fourth year, all children enrolled in qualifying schools are eligible. Permits Legislature to replace current constitutional funding priority and Proposition 98 guarantees for public schools with new minimum per-pupil public school funding at no less than national average. Restricts regulation of private schools. Exempts private schools from designated Uniform Building Code requirements. Requires academic testing in grant-redeeming schools. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in a major rearrangement of the State's system of school finance, with growing annual savings in public school expenditures and growing annual costs of a new system of grants for children transferring to, or already attending, private schools. Initial fiscal impact ranging from annual costs of over $150 million to over $600 million. Long-run fiscal impact ranging from net annual costs of over $500 million to net annual savings of around $2.5 billion. Other fiscal effects include: (1) potentially significant annual savings to the State from reduced teacher retirement contribution; (2) unknown, potentially significant, savings to the State and local school districts from reduced capital outlay needs; and (3) unknown potential loss of federal education funds to the State.

Initiative Statute (Top of Page)
Proposition 39 - 901. (SA00RF0015).

School Facilities. 55% Local Vote. Bonds, Taxes. Accountability Requirements. Initiative Constitutional Amendment and Statute.
Proponent: Joseph Remcho (415) 398-6230
Authorizes bonds for construction, reconstruction, rehabilitation or replacement of school facilities if approved by 55% vote for projects evaluated by schools, community college districts, county education offices for safety, class size, and information technology needs. Accountability requirements include annual performance and financial audits on use of bond proceeds. Prohibits use of bond proceeds for salaries or school operating expenses. Requires facilities for public charter schools. Authorizes property taxes in excess of 1% limit by 55% vote, rather than current two-thirds, as necessary to pay school bonds. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in the following major fiscal effects: (1) Increased debt costs for many school districts, depending on local voter approval of future school bond issues and varying by individual district. Statewide, costs could be in the hundreds of millions of dollars each year within a decade; and (2) Unknown effect on state costs. Potential longer-term state savings to the extent local school districts assume greater responsibility for funding school facilities.

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